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Omaha, Lincoln dioceses push back on subpoenas for child sex abuse records

February 28, 2019 CNA Daily News 0

Omaha, Neb., Feb 28, 2019 / 05:07 pm (CNA).- The Archdiocese of Omaha and the Diocese of Lincoln intend to ask a Nebraska court to suspend subpoenas compelling the Catholic institutions of the state to provide all records related to child sex abuse, CNA learned on Thursday.

The state attorney general’s office issued subpoenas Feb. 26 to more than 400 Catholic churches and institutions, seeking any records related to child sexual assault or abuse.

Last year, the office had requested that the state’s three dioceses voluntarily provide information on sexual abuse and other misconduct committed since 1978. Each of the dioceses have indicated their cooperation with that request.

An official of the Omaha archdiocese told CNA Feb. 28 that that archdiocese, along with the Lincoln diocese, are preparing to apply for injunctive relief from the subpoenas, in part to clarify their scope.

The attorney’s general office announced Tuesday that “The Nebraska Department of Justice has appreciated the voluntary cooperation demonstrated by the churches. However, the Department believes that subpoenas are necessary in order to ensure all reports of impropriety have been submitted to the appropriate authorities.”

“It is our goal that all reports of abuse are subject to complete law enforcement review and investigation as warranted.”

The subpoenas, issued to institutions such as parishes and schools, as well as the dioceses, “request all records or information related to any child sexual assault or abuse that has occurred by those employed or associated with each church or institution, whether previously reported or not.”

Each of the state’s dioceses have indicated their cooperation with a request made by the attorney general in September 2018 voluntarily to provide information on sexual abuse and other misconduct since 1978.

The Archdiocese of Omaha announced Nov. 30 that it had submitted to the attorney general “documents pertaining to church personnel accused of criminal sexual misconduct since 1978.” The documents included information on alleged abuse or misconduct with minors that dated back as far was 1956, but was not reported to the archdiocese until 1978.

In the Omaha archdiocese, documentation regarded 38 clerics with substantiated allegations of sexual abuse of or misconduct with minors since 1978. Of these, four were deacons, and 34 had offended before 2002. Information about the offenders was also made public, and the release noted that seven deceased priests were accused, but the claims could not be substantiated, and five former seminarians were dismissed for substantiated claims of sexual misconduct with a minor.

The Diocese of Lincoln stated Feb. 26 that it has “voluntarily cooperated with the investigation since it was announced last September, and pledged its ongoing support to stop criminal behavior by predators.”

It added that it was reviewing the subpoena it had received.

Bishop Joseph Hanefeldt of Grand Island said Feb. 26 that his diocese had received the subpoenas, noting that they are “a commonly used legal tool to define the parameters of the inquiry.”

“While we don’t believe subpoenas were necessary, we will continue to share information with the Nebraska Attorney General’s Office to bring this investigation to a conclusion,” Bishop Hanefeldt continued. “The Diocese is committed to the protection of children and safety of all, and to that end, has cooperated with the Nebraska Attorney’s Office in a voluntary review of files.”

The Diocese of Grand Island had also noted in November that it was completing a review of clergy files regarding sexual abuse of minors.

The inquiry in Nebraska follows new or revisited allegations of sexual abuse of minors or other misconduct committed by priests in the Lincoln diocese as far back as the 1980s. Several priests have resigned as pastors, while alleged misconduct of a former vocations director for the diocese, who died in 2008, also became a matter of public attention.

Sex abuse in the Church has been a matter of national attention since last summer.

In mid-August the Pennsylvania attorney general released a grand jury report following an 18-month investigation into the files of six Pennsylvania Catholic dioceses. The report included allegations against 300 priests of abusing over 1,000 victims over a 70-year period.

And in June, then-Cardinal Theodore McCarrick was publicly accused of sexual abuse of a minor. He was laicized in January after being convicted by the Congregation for the Doctrine of the Faith on charges of sexual abuse of minors and adults and solicitation in the confessional.

 

 

J.D. Flynn, editor-in-chief of Catholic News Agency, previously served as special assistant to Bishop Conley and director of communications for the Lincoln diocese. Flynn has recused himself from coverage of this story to avoid a conflict-of-interest.

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Bishop Olmsted finds roots of abuse scandal in poor priestly formation

February 28, 2019 CNA Daily News 0

Phoenix, Ariz., Feb 28, 2019 / 05:01 pm (CNA).- In face of the sex abuse scandals in the Church, Bishop Thomas Olmsted of Phoenix issued a column this month asking the question: “What went wrong in priestly formation?”

Bishop Thomas Olmsted highlighted in his Feb. 17 column at The Catholic Sun three factors that contributed to the clerical sexual abuse scandal: the sexual revolution, weak seminaries, and clericalism.

He said the sexual revolution, which in the 1960s challenged the ethics of sexual behaviors in the West, had sought to promote a false idea of “free love.” With the surge of an overly sexualized culture, he said, the movement created long-lasting problems.  

“This revolution promised ‘free love,’ happiness and liberation from purported encumbrances of religion and tradition, particularly the Commandments,” he said.

“Sadly, the over-focus on sexual pleasure, the reducing and labeling of persons to their attractions (LGBTQ, etc.) and the viewing of persons as objects for pleasure have led to unprecedented numbers of infidelity, divorce, loneliness and abuse in the greater culture.”

He said the crisis was worsened by inadequate responses from the Church, citing silence and “harsh moralizing.” This only strangled the message of God’s love and distorted a full understanding of the human person, he said.

However, the bishop said there were also appropriate responses, including St. John Paul II’s Theology of the Body. He said this answer promoted a greater comprehension of true love alongside responsibility.

“Related to the general confusion about human love caused by the sexual revolution, we also suffered from an insufficient understanding of priestly celibacy,” Bishop Olmsted noted, adding that Pope Francis has affirmed the value of celibacy for the priesthood.

“Indeed, in a world that believes that sexual pleasures must have free reign, even at the cost of innocent unborn children, there is need for those men and women who proclaim by their lives that ultimate love and fulfillment come from God and that self-mastery is certainly possible with God’s grace. Chaste celibacy, received as a gift of God and formed through spiritual and human direction, is a needed response to a false idea of ‘free love.’”

Amid the confusion caused by the sexual revolution “Church leaders faild to adequately screen applicants” to seminary, he said. “It was often assumed that the human and the spiritual qualities of the man were present and sufficient. This was a poor assumption, and it led to too little consideration of a man’s human virtues and of his relationship with Jesus Christ. As a result, some candidates unfit for ministry were accepted.”

Dissent from orthodoxy was present in many seminaries in the 1970s and ’80s, he said, especially regarding sexual ethics.

“For example, the masculine spousal dimension in which a priest is called to love as Christ loved His Bride the Church (Cf. Eph 5) was not taught much at all. As a result, the priesthood was too frequently seen, not as a life of masculine love, but merely pertaining to certain ministerial functions. It was erroneously thought among some that the nature of the priesthood itself would change.”

Bishop Olmsted added that “some seminaries became places with not only men who lacked a true calling from Jesus to the priesthood but even where a homosexual subculture sprang up.”

“It is difficult to deny this problem considering the high percentage of abuse cases that occurred between men and post-pubescent boys.”

“On several occasions, our Holy Father has stated that clericalism played a part in the current scandals as priests and bishops sought to cover up abuses,” the bishop noted. He added that “disproportionate esteem for priests by the faithful, at times, was (and still can be) problematic.”

He said the priest, like any man, is a sinner in need of redemption, but the state is one of service.

“One should enter the priesthood through a calling from Jesus to share in His mission. That mission is to proclaim Christ Crucified and Risen from the dead,” he recalled.

“Especially in this country, Church leaders have been slow to embrace this mission and settled for simply maintaining her membership rather than boldly evangelizing the culture.”

The bishop noted that “instead of being Catholic out of conviction and a deep relationship with Jesus, the faith has become for too many something merely cultural,” and he recalled Archbishop José Gomez’ statement that Christ “did not come to suffer and die so that He could make ‘cultural Catholics’”.

“Cultural Catholicism”, Bishop Olmsted said, “lacks true conviction to follow Jesus when His teachings differ from ways of the culture.”

He said that many of the concerns in priestly formation “are now being addressed well,” and recalled that St. John Paul II was “convinced that the answer to these scandals is great fidelity.”

“Like other times of storms in the Church, Jesus continues to renew His Mystical Body through holiness,” Bishop Olmsted concluded. “You and I are called to be saints.”

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Circuit Court nominee passed by Senate Judiciary Committee

February 28, 2019 CNA Daily News 0

Washington D.C., Feb 28, 2019 / 03:00 pm (CNA).- Neomi Rao was given and affirmative vote by the Senate Judiciary Committee on Thursday. She is President Donald Trump’s nominee to replace Justice Brett Kavanaugh on the U.S. Circuit Court of Appeals for the Dictrict of Columbia.

 

Rao cleared the committee on a party-line vote of 12 to 10. Her nomination will now head to the full Senate.

 

Earlier in the week, Rao’s nomination seemed to face an uncertain future as questions about her suitability arose on both sides of the aisle and it was not clear if she could garner enough support from committee members.

 

Sen. Josh Hawley (R-MO), a freshman senator from Missouri, raised concerns about Roa’s judicial philosophy, particularly her views on judicial activism and substantive due process. But on Thursday morning, Hawley issued a statement saying he had met one-on-one with Rao on Wednesday, and said that he was no longer opposed to her advancing to the full Senate.

 

“In our discussion, Ms. Rao said she would interpret the Constitution according to its text, structure and history, not according to changing social and political understandings,” said Hawley.

 

“She said the text of the Constitution is fixed and the meaning must follow that fixed text,” he added, and that “she rejected the idea of ‘common law constitutionalism.’”

 

Hawley also said he was pleased that Rao told him she did not think there was textual support for substantive due process in the Constitution.

 

Concerns about Rao’s commitment to an originalist approach to the Consitution also reflected anxieties of pro-life campaigners who had concerns she may be philosophically sympathetic to a consitutional right to abortion, rather than merely committed to defering to it as established precedent.

 

Sen. Joni Ernst (R-IA) was also concerned with Rao, particularly her college newspaper op-eds concerning sexual assault and women. In some of the writing’s Rao made observations about the context in which assaults could take place which some observers said came close to victim-blaming.

 

Ernst, herself a survivor of sexual assault, said that she found the writings to be “abhorrent,” but also said she had since been satisfied about Rao’s suitability and agreed to vote her through to a final confirmation vote in the Senate.

 

During Rao’s confirmation hearing, Sen. Cory Booker (D-NJ), who is now running for the Democratic nomination for president in 2020, quizzed her about her views on morality, gay marriage, and sin.

 

Booker asked Rao to comment about whether she believed marriage only could exist between a man and a woman, or if two she thought men in a sexual relationship was immoral. Rao declined insisted that it was not her place asa  judicial candidate or judge to opinion on the nature of sin, and said she would follow precedent if she were confirmed to the bench.

 

Currently, Rao is the administrator of the Office of Information and Regulatory Affairs, and has taught law at George Mason University. She previously served in the White House counsel’s office under president George H.W. Bush and as a staffer for the Senate Judiciary Committee.

 

The final confirmation vote is expected in March.

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